Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
TatroOPa101440-0711

TatroOPa101440-0711

Ratings:
(0)
|Views: 590|Likes:
Published by jenna_ross1095

More info:

Published by: jenna_ross1095 on Jul 12, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/12/2011

pdf

text

original

 
STATE OF MINNESOTAIN COURT OF APPEALSA10-1440
Amanda Tatro,Relator,vs.University of Minnesota,Respondent.
Filed July 11, 2011AffirmedBjorkman, Judge
University of Minnesota Office for Student Conduct & Academic IntegrityJordan S. Kushner, Minneapolis, Minnesota (for relator)Mark B. Rotenberg, University of Minnesota General Counsel, Tracy M. Smith,Associate General Counsel, Minneapolis, Minnesota (for respondent)Considered and decided by Halbrooks, Presiding Judge; Hudson, Judge; andBjorkman, Judge.
S Y L L A B U S
A public
university‟s
disciplinary sanctions do not violate a
student‟s
constitutiona
l right to free speech where the student‟s
posts to a social-networkingwebsite materially and substantially disrupt the work and discipline of the university.
O P I N I O NBJORKMAN
, JudgeRelator challenges respondent
university‟s disciplinary sanctions, arguing that the
 
university‟s
imposition of sanctions was unauthorized, arbitrary, and violated her
 
2constitutional rights. Because we conclude that the university properly exercised itsauthority to address
relator‟s off 
-campus conduct
and did not violate relator‟s free
-speechright,
and because the evidence supports the university‟s finding
that relator violateduniversity rules, we affirm.
FACTS
 Relator Amanda Tatro is a student in the mortuary-science program at respondentUniversity of Minnesota. The program prepares students to become funeral directors ormorticians, and includes laboratory courses in anatomy, embalming, and restorative art.The laboratory courses utilize cadavers donated through the
university‟s
anatomy-bequestprogram. Before taking the laboratory courses, Tatro participated in an orientationprogram that addressed appropriate conduct with respect to anatomy-bequest-programdonors.
1
She signed a disclosure form indicating that she understood and agreed to abideby the program rules.During November and early December 2009, Tatro posted the following on herFacebook page:
Amanda Beth Tatro
Gets to play, I mean dissect,Bernie[
2
] today. Lets see if I can have a lab void of reprimanding and having my scalpel taken away. Perhaps if I just hide it in my sleeve . . . .
Amanda Beth Tatro
 
Is looking forward to Monday‟s
embalming therapy as well as a rumored opportunity to
1
 
“Donor” refers to the body of the deceased p
erson.
2
 
“Bernie” was the name Tatro gave to the cadaver/donor she was assigned to work on,
and is derived from the film
Weekend at Bernie’s
.
 
3aspirate. Give me room, lots of aggression to be taken outwith a trocar.[
3
]
Amanda Beth Tatro
Who knew embalming lab was socathartic! I still want to stab a certain someone in the throatwith a trocar though.[
4
] Hmm..perhaps I will spend the
evening updating my “Death List #5” and making friends with
the crematory guy. I do know the code . . . .
Amanda Beth Tatro
Realized with great sadness thatmy best friend, Bernie, will no longer be with me as of Fridaynext week. I wish to accompany him to the retort. Now wherewill I go or who will I hang with when I need to gather mysanity? Bye, bye Bernie. Lock of hair in my pocket.
Tatro‟s Facebook settings allowed her “friends” and “friends of friends” to view these
postings; Tatro acknowledges that this group includes hundreds of people.On December 11, 2009, a mortuary-science student who also worked for theanatomy-bequest program reported concerns about
Tatro‟s
Facebook posts. OnDecember 14, Michael Lubrant, director of the mortuary-science program, met withdepartment faculty about the posts and notified the university police. Lubrant alsoinformed Tatro that she was not to return to class until further notice. Tatro contacted themedia in response. The police ultimately concluded that no crime had been committed,and Tatro was told she could return to class a few days later.
On December 29, the university‟s offi
ce for student conduct and academicintegrity submitted a formal complaint against Tatro, alleging violations of the
university‟s student
-conduct code. The complaint alleged Tatro engaged in threatening,
3
A trocar is an instrument used during embalming that has a long hollow needle with asharp end, used to aspirate fluids and gases out of the body.
4
Tatro testified at the Campus Committee on Student Behavior hearing that she wasreferring to a man who had just broken up with her. She indicated that they talked on
Facebook and she “knew he was going to see it”
 
and would know “it was about him.”

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->